Tuesday, October 31, 2017

Every Overseas Filipino WorkersOFWs who plan to go home and stay with their beloved family for good look for an investment or business to sustain their needs. With the creation of the OFW Bank (OFB) which allows them to buy shares and be a stockholder, they now have an option. OWWA also has livelihood programs and financial literacy programs for OFWs. Now another option will be soon available to the OFWs should this new bill be approved and implemented.

House Bill 6519 pushes for the establishment of a special fund where (OFWs) can invest their earnings into the government’s infrastructure projects.

The bill was filed by Rep. Jesulito Manalo of the seafarers’ party-list, ANGKLA, called the “OFW Sovereign Fund Act”, a special fund where all OFWs, their immediate family members, and other Filipino citizens overseas can invest their money government infrastructure projects through the Bureau of treasury.

The fund will allow the OFWs to directly benefit from the billions of pesos they contribute into the Philippine economy through their remittances.Manalo, chairman of the committee on overseas workers affairs, said that the establishment of the “OFW Sovereign Fund” will help government lessen its reliance on taxes and fees as main source of funds for infrastructure projects.

The best thing is that the earnings of the OFWs, former OFWs and other investors from the bonds or debt or investment instruments for the government shall be exempted from any and all kinds of taxes in exchange for their cash investments.

The Bureau of Treasury will also be responsible for disseminating the information and educate all OFWs about the programme, the creation and purpose of the OFW Sovereign Fund and how the investment in the fund will be mutually beneficial to the OFWs and the government.

Many people said love is sweeter the second time around. This is not only applicable to boyfriend/girlfriend relationship but also with people who are victims of broken marriages and want to start a new and make it right.

There are many couples nowadays who want to end their union legally but don't know where to start.

The following are a common question on annulment or nullity or marriage prepared by Atty. Anna Fiona Bojos and Atty. Magdelena Lepiten of Lepiten and Bojos Law Office, with an office address of 21 F Don Pedro Rodriguez Street, Cebu City with contact number (032) 410 6157. For further inquiries, please email them at mlepiten@gmail.com and fionahbojos@gmail.com.Read: 15 Steps and Procedure for OFWs to File Annulment in the Philippines

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Frequently asked questions (FAQ) on Annulment/Nullity

1. What is annulment or nullity of marriage on the ground of psychological incapacity?

What we usually call annulment refers to “nullity of marriage on the ground of psychological incapacity.” But leave it to the lawyer to differentiate between annulment and nullity of marriage.

Most petitions for nullity of marriage are based on the psychological incapacity of the other spouse. Once you get a final court decision declaring the marriage is void, you can remarry again, subject to the annotation of the decision in your marriage certificate.The basis for this petition is Art. 36 of the Family Code which states that “A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.” The marriage is void or did not even legally exist in the first place.

Hence, for the purposes of remarriage, a void marriage must be declared and there must be a Judicial Declaration of Absolute Nullity of a prior subsisting marriage before contracting another. Otherwise, you commit bigamy.

This psychological incapacity is not necessarily insanity but it means that the other spouse has certain dysfunction, or psychological trait or makeup which prevents the person to comply the obligations of marriage.

It is so encompassing and maybe, general that gives lawyers and litigants a leeway on how to prove the case. But there are already various Supreme Cases that will guide the practicing lawyer and litigants of whether their case will fall in this category.

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3. Can I file a petition for nullity of marriage even while I am abroad?

Yes, you can file a petition for nullity of marriage even while you are abroad. What is required is for you to have the verification of your petition and your affidavit notarized before the nearest Philippine Embassy or Consulate in the country where you are residing or working.

4.Can I file the petition for nullity of marriage without the signature/consent of the other spouse?

Yes, you do not need to get the consent or the signature of the other party. This is not divorce proceedings where parties can both sign and file for a no-contest divorce.

As a rule, parties are not allowed to come to an agreement about the filing of the petition. That is why the Office of the Solicitor General, through the prosecutor (fiscal), conducts an investigation for collusion, in order to determine whether or not the parties have colluded with each other in filing the petition or are involved in fabricating evidence.

5. What do I need to prepare?

Please prepare your funds for the filing of the petition, marriage certificate if available, the birth certificate of children (if any) and the titles or tax declarations of the property (if applicable.) Provide a brief background about your story so that the lawyer can prepare your petition.

6. What is the estimated cost and expense for filing this petition?

The total estimated cost for a case filed in Cebu City and that case is uncontested is around P150,000 to P200,000. The cost will vary depending on the circumstances of the case, delays, if there are properties, other factors like the court, etc.

7. How long does it take for the proceedings to be completed?

Based on the cases we have handled in Cebu City, if it is an uncontested case, meaning the other party will not oppose your petition for nullity of marriage, it will take an average of a year and a half for a case to be finished.

This is because of the caseload of the courts, the availability of the prosecutor, judge, and court personnel, as well as the availability of the petitioner and the psychologist, have to be considered.

The time frame may vary for other places like Manila or Davao.

8. How many times do I need to be personally present at the proceedings?

You will need to personally appear at least three times.

The first will be before the city or provincial prosecutor during the investigation for collusion between the parties.

The second will be during the pre-trial stage. If you are working abroad and have executed a special power of attorney in favor of your lawyer authorizing him/her to appear in your behalf for the pre-trial, then you may not attend the pre-trial stage. This is usually allowed if the petitioner is working abroad.

The third time is when you will be presented before the court to give your testimony about your marriage and your relations with your spouse.

9. Is it true that if the parties have been separated for 7 years or more, the marriage is automatically annulled?

No, that is not true. There is no automatic dissolution of the marriage, you will have to file a petition in court for the nullity of the marriage.

10. What is annulment?

Annulment is when the marriage is valid from the very beginning but can be annulled on various grounds. This is the term commonly used by Filipino layman but it is not commonly used by Filipino lawyers because it is more difficult to prove and in most cases, the circumstance of the married person does not fall in this category. Art. 45, of the Family Code, provides the grounds for Annulment of Marriage.

Declaration of Nullity, on the other hand, is for a marriage that is null and void due to the absence of one or more of the essential or formal requisites of marriage as stated in Art. 2 and 3 of the Family Code.A Filipino can marry again once there is a final judgment from the court that declares the marriage as null and void from the very beginning. The case that will be filed is what we call “petition to declare the marriage as null and void” and commonly called as “petition for nullity of marriage”.SEE MORE:

Friday, October 27, 2017

Every Overseas Filipino Workers (OFWs) and expatriates undergo homesickness once in a while. It is often experienced not only buy first-timers but even those who had been migrating for some time.Homesickness, if not seriously addressed could be dangerous as it can elevate to depression.In this article, we provided some tips on how you can overcome homesickness.

Have a chat with your family.With the use of internet, you can get in touch with your family in just one click.Maximize technology and use it on your advantage.

Write what you feel or what you think in a diary.By means of writing, you can bring out all the loneliness inside and could help you lessen the burden within you.

Read a book.Whether it is the one you brought with you or a book from a room mate, read it. It can help you exercise your brain to be able to work fine.

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Watch movies or TV programs you used to watch back home.Its like bringing a piece of your home to your room abroad.Have a work out.It could be brisk walking or having a set of weights inside your room, it doesn't matter. The important thing is that you keep yourself healthy while battling homesickness. Make new friends.Find new set of friends that could help you overcome homesickness. You can have a group activity or just a plain talk. They maybe struggling with homesickness too and being together may mutually benefit all of you.

Stroll around and explore your new place.It could be a new learning experience trying to familiarize yourself with your new neighborhood. You can even do it with your new found friends.

Remind yourself of the reasons why you decided to work abroad.It could help you assess your situation and why do you need to be strong. Make it an inspiration to go on.

Try learning a new skillIt could be learning how to play a particular musical instrument or setting up a desktop computer. It could even be knowing how to make your own bread. try to convert your homesickness into something productive.

Make a new hobby.Think of anything you can do on your free time. It is either engaging yourself to a sports activity or learn photo editing.With the internet around, you can learn almost anything and fight homesickness at the same time. Talk to God in prayer.Itis the best weapon to conquer anything. Ask for His guidance and protection as you fulfill your goals. Always keep your faith in God and someday you will get through all of it.Remember, God is the only person who will never leave you nor forsake you.

Thursday, October 26, 2017

Low-energy homes are arranged with the goal that they're moderate consistently, giving investment funds on utilities on account of their land reliable plans and utilization of eco-accommodating installations and different items.There are many advantages these design for the homeowner and the environment. These designs go in a measure from little and minimal to huge and rich for each customer who needs to carry on with a greener life, and they offer a large group of other practical advantages including expanded comfort and solidness. A home that is worked to last with the best structure, protection, fixing, and daylighting procedures is substantially more manageable, will reduce drafts that conflict with the warming and cooling frameworks, and will make the best of regular daylight to help reduce the measure of power utilized. The best part is that there's no relinquishing style for proficiency, as these plans come in compositional styles to suit all tastes.

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These houses have been designed to provide affordable and inspiring houses. They look simple. That is on the grounds that they have been thoroughly composed. Each part of the houses, from each phase of development and work through to the utilization and running, has been deliberately viewed as and exactly ascertained to influence super to productive, warm, dry, light-filled and delightfully practical homes.

Characteristics

Floor: house

Dimensions: 11,20 m x 11,40+1,50 m +istaci

Net area: 109,57 m²

Building

(Gross): 128,27 m²

This home is given as a four-room condo comprising of living region: kitchen, lounge area, family room, restroom and dozing zone: landing, three rooms, two washrooms and a patio.

CharacteristicsFloor: houseDimensions: 13,00 m x 9,90+1,60 mNet area: 110,10 m²Building(Gross): 126,32 m²This pre-assembled house comprises of a four-room flat. Living territory incorporates a kitchen, storeroom, lounge area with access to a patio, family room, restroom and dozing region comprises of three rooms and a lavatory.SOURCE:www.domprojekt.hr

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